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Green Real Estate Law JournalDiscussing current issues in construction and real estate law as they relate to sustainability, from the perspective of owners, builders, and design professionals. Published by Stephen Del Percio, B.Eng., J.D., LEED AP.

Tag Archives | green building regulation

The Washington State Building Code Council has moved for summary judgment in the federal action filed against it by the Building Industry Association of Washington, claiming that disputed amendments to the state energy code fall within the “building code exception” to preemption.

United States District Court Judge Martha Vazquez has ruled on a motion for summary judgment filed by the plaintiffs back in September of 2009 that certain portions of Albuquerque’s Energy Conservation Code are preempted by federal legislation.

I took great interest in a number of the documents that NAIOP released in the aftermath of its controversial energy efficiency study. The organization has compiled both an FAQ and fact sheet detailing the various assumptions it made and conclusions it drew in an effort to clarify some of the unproductive vitriol that has flown around the web over the past month decrying its conclusion that 30 percent energy reductions are not practicable for the majority of commercial office properties. Both the fact sheet and FAQ are available on NAIOP’s web site and point out that the results of the study do not apply to all buildings; “[t]he study analyzes a typical office building that represents more than 50 percent of new Class A construction [that took place] in 2008.” NAIOP also clarifies that the subject building is a real 95,000-square-foot, speculative commercial office property in California, and claims that the results of its study show what’s possible for the “vast majority of new construction without having to redesign a typical office building,” calling the results “impressive.”

In spite of facing massive budget shortfalls, New Jersey legislators will consider two different green building bills during their 2008-09 term. We reviewed both bills over at gbNYC earlier this fall; one would require affordable housing developers to include sustainable design features (though not formal third-party certification) while the second would offer low-interest loans to developers who achieve a LEED Silver level of certification. As the economy worsens, though, it will be a tough sell in Trenton to hand tax breaks to private interests. I expect that green building legislation across the country will face similar scrutiny- particular if litigations like the AHRI case in New Mexico cause legislators to more carefully consider how their regulatory schemes are crafted.